Legal Question in Real Estate Law in Florida

My father signed and properly filed a quit claim deed to one of my Brothers in 2003 in the state of Florida...question 1...my father also claimed himself as a grantee on the form.. is this valid according to quit claim laws?? question 2....in 2009 my father then signed what he claims to be his half of the house in another quit claim deed to another brother of mine without properly notifying my first brother about the quit claimed 2nd deed..in writing..nor was it signed by the first brother allowing this sale....what are the legalities of this situation?


Asked on 2/15/10, 2:55 pm

1 Answer from Attorneys
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

Yes; your father can properly include himself as a grantee on the quitclaim deed in 2003. The apparent effect of doing so is that your father and your brother became co-owners of the property as either tenants in common or joint tenants depending on the language used in the quitclaim deed. Also, when your father signed the second quitclaim deed in 2009 he apparently transferred his interest in the property to another of your brothers making your brothers co-owners of the property. In order to determine the current status of the ownership of the title to the property (and whether the transactions contemplated under the two quitclaim deeds are valid) it would be necessary to examine the two quitclaim deeds and any other relevant documents relating to same. Florida (as well as most other states) have very strict requirements which must be followed when transfering title to real property.

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Answered on 2/21/10, 6:17 am


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